Freezing Orders
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What is a Freezing Order?
A freezing order is an interim injunction that restrains a party from disposing of or dealing with their assets, usually to prevent injustice being carried during the trial process. Usually, a freezing injunction is undertaken in order to preserve the defendant’s assets until judgement can be enforced. The freezing of assets is so that, in the event that the defendant needs to satisfy a court order following trail, the defendant has the funds to satisfy that very court order.
Various types of assets can be frozen. This includes, but is not limited to: bank accounts, shares, investments, land, and property. The court’s jurisdiction to grant a freezing order is derived from Section 37 of the Senior Courts Act (1981).
St Pauls Chambers Advise on Freezing of Assets
St Pauls Chambers can advise both parties facing a freezing order as well as parties seeking to implement an injunction. To those facing a freezing order, St Pauls Chambers can advise on disclosure (which is often onerous, given freezing orders are invariably sought on a without-notice basis), ancillary orders, compliance with orders and potential breaches of orders.
St Pauls Chambers can also advise on urgent applications and the common pitfalls to avoid, as well as on the implementation of orders (including who needs to be liaised with to ensure implantation is as effective as possible, such as banks and the Land Registry).
Counsel are often instructed to prepare effective, concise skeleton arguments, and thereafter to attend the initial application at Court, and, if necessary, a full hearing. These applications are usually made to a judge in the High Court or circuit judge in the County Court. Many cases are resolved through negotiation with the assistance of counsel, and we will advise on the best strategy to achieve this.
St Pauls Chambers acts for both applicants and respondents to freezing orders, and both individuals and businesses. We recognise the importance of speed and discreetness in such an area of law.
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